Etkin v. Hyney

Appeal from a judgment in favor of defendant entered upon a decision rendered at a Trial Term of the Supreme Court in an action for a permanent injunction. Defendant conveyed to plaintiff lands on the west shore of Lake George upon which plaintiff constructed a dwelling. Defendant retained title to lands adjoining on the north and south and to a small island reached by a footbridge. In her conveyance to plaintiff, the defendant restricted the use of her shore parcel on the south and that of the island to “ private residential uses only”; and later she constructed, on property other than these…